Citation : 2014 Latest Caselaw 7248 ALL
Judgement Date : 7 October, 2014
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 31 Case :- WRIT - A No. - 53048 of 2009 Petitioner :- Ajay Kumar Singh Respondent :- Union Of India & Others Counsel for Petitioner :- H.K. Singh,Bhaiya Ghanshyam Singh Counsel for Respondent :- A.S.G.I. Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioner and Sri B.K. Singh Raghuwanshi, learned counsel for the respondent.
The present writ petition has been filed against the order of discharge of an Army Personnel dated 7.5.2008 and also against the order rejecting grant of pension by order dated 22.10.2008.
According to section 34 of the Armed Force Tribunal Act, 2007 every suit or other proceedings before any court including a High Court or other authority before the establishment of the Tribunal which is otherwise triable by the Tribunal shall stand transferred to the Tribunal. Section 14 of the said Act prescribes the jurisdiction, power and authority of the Tribunal in service matter relating to Armed Force, as such this Court has no jurisdiction to hear the matter relating to the service of the petitioner in view of the Armed Force Tribunal Act, 2007.
The writ petition is accordingly dimsissed.
Order Date :- 7.10.2014
SKS
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